Venue Hire Terms and Conditions

TERMS AND CONDITIONS OF HIRING

1. INTERPRETATION

1.1. In addition to the definitions set out at Clause 1 the following definitions and rules of interpretation apply to this Agreement:

Common Parts: such roads, paths, entrance halls, corridors, lifts, staircases, landing, and other means of access in or upon the School Premises the use of which is necessary for obtaining access to and egress from the Hired Premises as designated from time to time by the Company.

Competent Authority: any statutory undertaker or any statutory public local or other authority or regulatory body or any court of law or government department or any of them or any of their duly authorised officers.

Head License: Licence of the Hired Premises granted to the Company by the trustees.

Hire Period: from the Operative date until the Termination date or such date as this Agreement may otherwise be brought to an end under the terms of this Agreement or otherwise.

Necessary Consents: all planning permissions and all other consents, licences, permissions, certificates, authorisations, and approvals whether of a public or private nature which shall be required by any Competent Authority for the Permitted Use.

Safeguarding and Child Protection Policy: the Safeguarding and Child Protection Policy of the School, a copy of which has been made available to the Hirer and/or is available on the School’s website.

Service Media: all media for the supply or removal of heat, electricity, gas, water, sewage, air-conditioning, energy, telecommunications, data and all other services and utilities and all structures, machinery, and equipment ancillary to those media.

VAT: value added tax chargeable under the Value Added Tax Act 1994 or any similar replacement or additional tax.

1.2. Clause schedule and paragraph headings shall not affect the interpretation of the Agreement.

1.3. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.4. A reference to a company shall include any company, corporation, or other body corporate, wherever and however, incorporated or established.

1.5. Words in the singular shall include the plural and vice versa.

1.6. A reference to one gender shall include a reference to the other genders.

1.7. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it provided that, as between the parties, no such amendment or re-enactment shall apply for the purposes of this Agreement to the extent that it would impose any new or extended obligation, liability or restriction on, or otherwise adversely affect the rights of, any party.

1.8. Any obligation in this Agreement on a person not to do something includes an obligation not to agree or allow that thing to be done and to use its best endeavours to prevent such act or thing being done by a third party.

1.9. References to clauses, paragraphs, and schedules are to the clauses, paragraphs, and schedules of this licence.

1.10. Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

2. RIGHTS GRANTED TO THE HIRER

2.1. In addition to the licence to occupy granted at clause 2 the Company permits the Hirer to use during the Designated Hours:

2.1.1. Such parts of the Common Parts for the purpose of access to and egress from the Hired Premises as shall from time to time be designated by the Company or Governing Body for such purpose; and

2.1.2. The Service Media serving the Hired Premises.

2.2. The Hirer acknowledges that:

2.2.1. The Hirer shall occupy the Hired Premises as a licensee and that no relationship of landlord and tenant is created between the Company and the Hirer by this Agreement.

2.2.2. Subject to the control and occupation of the School exercised by the Governing Body the Trustees being the freehold owners of the School Premises retain control, possession and management of the Hired Premises and the Hirer has no right to exclude the Trustees, the Company or the Governing Body from the Hired Premises;

2.2.3. The licence to occupy granted by this Agreement is personal to the Hirer and is not assignable and the rights given to the Hirer in this Agreement may only be exercised by the Hirer and its employees.

3. HIRER’S OBLIGATIONS

3.1. The Hirer agrees and undertakes:

3.1.1. To pay to the Company the Hire Fee as the same is defined in clause 1 in such manner as is specified in that clause together with such VAT as may be payable on the Hire Fee

3.1.2. To maintain the Requisite Insurance and to pay all premiums and other costs arising in the provision of such policies and to ensure that the policies or certified copies of the policies are produced promptly to the Company if so requested by them and FURTHERMORE not to do anything to invalidate any insurance policy which it is obliged to maintain under this paragraph.

3.1.3. To keep the Hired Premises clean, tidy, and clear of rubbish.

3.1.4. Not to use the Hired Premises other than for the Permitted Use.

3.1.5. Not to make any alteration or addition whatsoever to the Hired Premises.

3.1.6. Not to display any advertisement, signboards, nameplate, inscription, flag, banner, placard, poster, signs, or notices at the Hired Premises or elsewhere on the School Premises without the prior written consent of the Company.

3.1.7. Not to do or permit to be done on the Hired Premises anything which is illegal, or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Company or the Trustees or to tenants or occupiers of the School Premises or any owner or occupier of neighbouring premises.

3.1.8. Not to obstruct the Common Parts, make them dirty or untidy or leave any rubbish on them.

3.1.9. Not to apply for any planning permission in respect of the Hired Premises.

3.1.10. Not to do anything that will or might constitute a breach of any Necessary

3.1.11. Consents affecting the Hired Premises or which will or might vitiate in whole or in part any insurance effected by the Company or the Trustees in respect of the Hired Premises and/or the School Premises from time to time.

3.1.12. Not to do anything or allow anything to be done that will or might constitute a breach of the terms of the Head Licence.

3.1.13. To comply with all laws and with any recommendations of the relevant suppliers relating to the supply of electricity, gas, water, sewage, telecommunications and data and other services and utilities to or from the Hired Premises.

3.1.14. To observe any rules and regulations operating procedures and/or codes of conduct the Governing Body makes and notifies to the Hirer from time to time governing the Hirer's use of the Hired Premises and the Common Parts.

3.1.15. Not to do anything at the Hired Premises which in the reasonable opinion of the Company and/or the Trustees is detrimental to the image and reputation of the School and furthermore not to do anything contrary or inconsistent with the charitable objects of the United Westminster & Grey Coat Foundation.

3.1.16. To pay to the Governing Body interest on the Hire Fee and/or any other payments due to the Governing Body under this Agreement at the rate of three per cent per annum above the base lending rate of NatWest Bank from time to time calculated on a daily basis from the due date until payment if the Hirer shall fail to pay the Hire Fee or any other payments due under this Agreement within fourteen days of the due date (whether formally demanded or not).

4. CHILD PROTECTION AND SAFEGUARDING

4.1. Where applicable the Hirer further agrees and undertakes:

4.1.1. To ensure all necessary arrangements are in place in regard to safeguarding children and child protection;

4.1.2. To ensure that all staff and volunteers providing or offering a service on behalf of the Hirer comply with the requirements set out in the ‘Keeping Children Safe in Education September 2023’ guidance (‘KCSIE’);

4.1.3. To acknowledge that the School will comply with its duties and follow the safeguarding procedures set out in their Safeguarding and Child Protection Policy in the event that a safeguarding allegation or concerns are raised relating to an incident whilst the Hirer was using the Venue. This may include informing the local authority designated officer (LADO) and any other relevant agency in accordance with KCSIE.

4.1.4. To notify the School’s designated safeguarding lead (DSL) as soon as practicable, where an allegation is made that might indicate a person would pose a risk of harm if they continue to work in any capacity with children or concerns are raised that a person may have acted in a way that is inconsistent with expected behaviour relating to an incident that occurred whilst using the Venue. Details of the DSL can be found in the School’s Safeguarding and Child Protection Policy which is published on the school website. The Hirer must liaise with the School on safeguarding matters throughout the Hire Period and subsequently as required. The Hirer may also be required to notify the LADO and any other relevant agency about safeguarding allegations and concerns.

4.1.5. To ensure that at all times any licence required by the Hirer by OFSTED in order to comply with the Childcare Act 2006 or any other statutory licence required by the Hirer for the Permitted Use is in place and valid a copy made available to the Company on request.

4.1.6. Where relevant for the role, to ensure that all staff, volunteers, or security personnel providing or offering a service are subject to an enhanced DBS check including a ‘children’s barred list’ check and subscribe to the Disclosure and Barring Scheme Update Service at the point of renewing their DBS certificate and maintain their registration during the Hire period.

4.2. To ensure that at all times each and every person employed by or under the control of the Hirer at the Hired Premises during the Hire Period shall have all necessary and appropriate qualifications for their role in connection with the Hirer’s business and the Permitted Use and if so required by the Company the Hirer shall evidence such qualifications to the Governing Body; and

4.3. As a condition of use and occupation of the premises, to share a written copy of their safeguarding and child protection policies and procedures with the Company. Arrangements must be in place to liaise with the school on these matters when appropriate.

4.4. In addition to the general right of termination set out at paragraph 7, the Company specifically reserves the right to terminate this Agreement with immediate effect if the Hirer does not have the necessary arrangements referred to at paragraphs 4.1.1, 4.1.2, 4.1.3, 4.1.4,4.1.5,4.1.6, 4.1.7 and 4.11.8 in place. In such circumstances the Company will not be liable for any loss financial or otherwise incurred by the Hirer.

5. HEALTH AND SAFETY

5.1. For the duration of the Hire Period the Hirer agrees and undertakes to ensure the following:

5.1.1. Normal emergency and evacuation procedures from time to time in place at the School are followed.

5.1.2. A risk assessment is carried out and provided in written form to the Company in respect of any activity for which the Hirer is responsible and where a risk assessment is required to be carried out by under Health and Safety regulations or other statutory provisions copy of which to be held by the Company.

5.1.3. A First Aid Kit is provided and at least one person holding a valid certification of completion of first aid training approved by the Health and Safety Executive (or any successor) is present during the Designated Hours;

5.1.4. No School equipment is used other than as is provided for under the terms of this licence (other than that which may be authorised in writing by the Company’s Authorised Representative);

5.1.5. Familiarity for all persons attending with emergency equipment, such as fire extinguishers, alarms, mobile telephone and first aid facilities;

5.1.6. In addition to the Hirer’s obligation under paragraph 5.1.1 an emergency evacuation procedure is established by the Hirer and must be approved by the Company’s Authorised Representative. This will detail who will be responsible for taking control, calling emergency services and where to assemble. Consideration must be given to the needs of disabled participants; and

5.1.7. Facilities and equipment (if made available) are used in a responsible manner, an orderly way and for the purposes for which they are hired and do not compromise the safety of the Hirer or the Hired Premises and equipment. This includes ensuring that:

• Alcohol is not consumed;

• Emergency exits, fire extinguishers, alarm points are not obstructed;

• Adequate walkways are available to allow free and easy access and egress;

• No gas cylinders or canisters are used at the Hired Premises or at or on the School Premises;

• Combustible materials are not placed adjacent to heat sources;

• Equipment is used for the purpose for which it was designed;

• Electrical equipment is PAT tested and complies with the British standards then applicable;

• Flammable or hazardous substances are not to be used; and

• No open fires, candles or unauthorised electrical equipment will be used on the Hired Premises.

6. LIABILITY OF THE PARTIES AND INDEMNITY

6.1. Except in so far as the Unfair Contract Terms Act 1977 requires otherwise neither the Trustees nor the Governing Body will be liable for any injury (including injury resulting in death) or damage to or loss of premises, which may occur to, or be sustained by the Hirer, their assistants, employees, volunteers or agents, children attending any session or others entering the Hired Premises (with the exception of death or injury which may occur by reason of the negligence of the Trustees the Company the Governing Body or their servants or agents acting within the scope of their authority).

6.2. The Hirer must indemnify and keep indemnified the Trustees, the Company, the Company nor the Governing Body and their employees and agents from and against all actions, claims, proceedings, costs, damages, liabilities and expenses in respect of injury to any persons (including injury resulting in death) and damage to and loss of premises which may arise from, or in consequence of, the exercise or purported exercise of the hiring (with the exception of death or injury which may occur by reason of the negligence of the Trustees, the Company or the Governing Body or their employees or agents acting within the scope of their authority).

7. TERMINATION

7.1. Subject to sub-paragraph 7.2 the licence to occupy granted by this Agreement shall end on the earliest of:

7.1.1. The Termination Date

7.1.2. Immediately by notice given by the Company or given by the school on its behalf, if any of the following occur:

7.1.2.1. If at any time any payment due under this Agreement remains unpaid for more than thirty days after becoming due;

7.1.2.2. If the Hirer fails to remedy any breach (capable of remedy) of any of its Hirer’s obligations contained in this Agreement after being required to remedy such breach by 30 days notice in writing;

7.1.2.3. If the Hirer breaches any of its obligations in this Agreement which is in the opinion of the Company is incapable of being remedied and the Company states this in a notice given by them;

7.1.2.4. If the Hirer fails to comply with clause 4 above.

7.1.2.5. If any Licence required by the Hirer from OFSTED in order to comply with the Childcare Act 2006 or any other statutory licence required by the Hirer for the Permitted Use is not in place or is suspended or cancelled; or

7.1.2.6. If the Hirer is unable to or admits its inability to pay its lawful debts or becomes insolvent or an order should be made or a resolution passed for the liquidation administration or winding up or dissolution of the Hirer (otherwise than for the purposes of a solvent amalgamation or reconstruction) or an encumbrance should take possession of or an administrator or other receiver manager trustee liquidator administrator or similar officer should be appointed over all the assets of the Hirer or any substantial part thereof or the Hirer should enter into or propose any composition or arrangement with creditors generally;

7.2. On not less than three months’ notice given by the Governing Body to the Hirer or by the Hirer to the Company;

7.3. In extreme cases the Company may terminate this Agreement summarily without notice and the Hirer’s attention is specifically directed to paragraph 4.2 in this regard.

7.4. Termination is without prejudice to the rights of either party in connection with any antecedent breach of or other obligation subsisting under this Agreement.

8. NOTICES

8.1. Any notice required to be given under this Agreement shall be in writing and shall be delivered personally or sent by pre-paid first-class post or recorded delivery or by commercial courier to each party required to receive the notice as set out below:

8.2. To the Company at the Company’s Address for Notice and marked for the attention of the Authorised Representative

8.3. to the Hirer at the Hirer’s Address for Notice and marked for the attention of the Hirer’s Authorised Representative

8.4. or as otherwise specified by the relevant party by notice in writing to each other party.

8.5. Any notice shall be deemed to have been duly received:

8.6. if delivered personally, when left at the address and for the contact referred to in this paragraph 8; or

8.7. if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second working day after posting; or

8.8. if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.

8.9. A notice required to be given under this Agreement shall not be validly given if sent by e-mail.

8.10. The provisions of this paragraph shall not apply to the service of any proceedings or other documents in any legal action.

9. GENERAL

9.1. The Company gives no warranty that the Premises possesses the Necessary Consents for the Permitted Use.

9.2. The Company gives no warranty that the Hired Premises is physically fit for the Permitted Use.

10. RIGHTS OF THIRD PARTIES

Save for the Trustees and the Governing Body a person who is not a party to this Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

11. GOVERNING LAW AND JURISDICTION

11.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

11.2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

CONDITIONS FOR USE OF ALL WEATHER PITCH (AWP)

1. Any sports equipment used in the AWP must not be contaminated with soil and turf. All equipment used should be dedicated for use on an artificial sports surface.

2. The AWP must be returned to the standard school set up after use.

3. All debris and belongings must be removed from the pitch after use.

4. Chewing gum must not be spat out onto the pitch. Please discard in the bin by the entrance door to the AWP before starting your session.

5. Glass, of any kind, is strictly prohibited and MUST not be taken on to the AWP.

6. Studded boots and spikes must not be used on the AWP. Astro-turf trainers should be worn and not be contaminated with soil or turf. Please refer to images and details on accompanying manufacturer’s advice sheet.

7. Players are expected to clean shoes before and after using the pitch using the brushes provided.

8. Access to the AWP must be via the pedestrian ramp.

9. The double gates may be used to take equipment on and off the AWP but only to the edge of the pitch.

10. Users’ equipment must be removed from the AWP after use and stored appropriately using the dedicated storage units, if provided.

11. Users should arrive on site no more than 15 minutes before scheduled booking time and must depart the site within 15 minutes of the booking end time.

12. Users must not move the equipment set up or use the equipment on the AWP without the school’s permission.

13. There must be a nominated lead who will be responsible for the accounting of all users within the group in the event of an emergency and to ensure only authorised users are able to enter the site.

14. The nominated lead will be required to report to the school staff on duty when arriving and leaving the site.

15. The nominated lead will be required to ensure there is no damage to site property. Any damage caused will be chargeable at replacement cost.

16. Users must ensure that all personnel within their user group have been accounted for and leave the site promptly at the designated time.

17. No dogs allowed on site.